Computerized dispute resolution system and method

ABSTRACT

An automated method capable of multiple rounds for settling a dispute among adverse parties which dispute involves monetary values is described together with an automated system for carrying out such method.

CROSS REFERENCE TO RELATED APPLICATIONS

This application is a continuation of application Ser. No. 11/614,775,now U.S. Pat. No. 7,689,516, filed Dec. 21, 2006, which is a divisionalof application Ser. No. 10/683,819 filed Oct. 10, 2003, now U.S. Pat.No. 7,249,114, which is in turn a continuation-in-part of applicationSer. No. 09/370,394 filed Aug. 6, 1999, now U.S. Pat. No. 6,954,741,which is in turn a is a continuation-in-part of application Ser. No.09/130,154 filed Aug. 6, 1998, now U.S. Pat. No. 6,330,551, each ofwhich is incorporated herein by reference.

FIELD OF THE INVENTION

This invention relates generally to dispute resolution and moreparticularly to on-line automated dispute resolution among adverseparties in a confidential environment

BACKGROUND OF THE INVENTION

At the present time, it is readily apparent that a better way to resolvedisputes has long been needed. Courtroom trials, once thought to be theonly way to resolve legal controversies, are very costly and the outcomecan be unsatisfactory for all concerned parties. The resultingdisappointment with traditional litigation drove the creation of thealternative dispute resolution (“ADR”) industry. However, conventionalADR, although sometimes helpful, is still costly and the results areoften unacceptable.

An untold number of pending claims are ripe for settlement, but have notbeen resolved for reasons that have nothing to do with their merits. Thepresent invention is based on the premise that the parties are bestsuited to settle those disputes but need a system that creates theopportunity for parties to successfully settle their claims easily,effectively, and inexpensively.

SUMMARY OF THE INVENTION

In general, in a first aspect, the invention features a claim resolutionmethod. The method involves testing pairs of non-equal values, submittedby two adverse parties for a claim, for satisfaction of a condition. Ifthe condition is not satisfied, the method further involves testing apair of non-equal power round values, one from each of the two adverseparties for the claim, for satisfaction of a power round condition. Themethod further involves calculating a binding settlement payment, whenthe condition is satisfied by a pair of the non-equal values. Thebinding settlement payment is an amount at least equal to a lower of thepair of the non-equal values. The party that is awarded the settlementpayment is offered a plurality of disbursement options for thesettlement payment which he or she may choose from.

In general, in a second aspect, the invention features a claimresolution method. The method involves receiving values, submitted bytwo adverse parties for a claim. At least one of the values is submittedfollowing a communication of a facilitating message regarding the claim,conveyed from a facilitator to at least one of the two adverse parties.The method further involves testing the pairs of non-equal values forsatisfaction of a condition, and calculating a binding settlementpayment, when the condition is satisfied by a pair of the non-equalvalues. The binding settlement payment is an amount at least equal to alower of the pair of the non-equal values. The party that is awarded thesettlement payment is offered a plurality of disbursement options forthe settlement payment which he or she may choose from.

In general, in a third aspect, the invention features a disputeresolution method for resolving a claim between two adverse parties. Themethod involves testing pairs of non-equal values, submitted by the twoadverse parties for the claim, for satisfaction of a condition. Themethod further involves calculating a binding settlement payment, whenthe condition is satisfied by a pair of the non-equal values. Thebinding settlement payment incorporates a windfall adjustment, when oneof the parties is a dispute entry initiator for the claim, in an amountat least equal to a lower of the pair of the non-equal values adjustedby either a positive or negative windfall differential amount. The partythat is awarded the settlement payment is offered a plurality ofdisbursement options for the settlement payment which he or she maychoose from.

In general, in a fourth aspect, the invention features a disputeresolution method for resolving a claim between two adverse parties. Themethod involves testing pairs of non-equal values, submitted by the twoadverse parties for the claim, for satisfaction of a condition. Themethod further involves calculating a binding settlement payment, whenthe condition is satisfied by a pair of the non-equal values, of anamount at least equal to a lower of the pair of the non-equal values.The party that is awarded the settlement payment is offered a pluralityof disbursement options for the settlement payment which he or she maychoose from. The method further involves initiating an on-line transferof funds between the parties for the amount.

In general, in a fifth aspect, the invention features a disputeresolution method for resolving a claim between two adverse parties. Themethod involves testing pairs of non-equal values, submitted by the twoadverse parties for the claim, for satisfaction of a condition. Themethod further involves calculating a binding settlement payment, whenthe condition is satisfied by a pair of the non-equal values, of anamount at least equal to a lower of the pair of the non-equal values.The method further involves automatically, when the condition issatisfied, generating a settlement document for the claim containingcase specific information. The party that is awarded the settlementpayment is offered a plurality of disbursement options for thesettlement payment which he or she may choose from.

In general, in a sixth aspect, the invention features systems whichoperate according to the disclosed techniques via an on-line interface.

Particular embodiments of the invention may feature one or more of thefollowing advantages: lower cost for each party from initiation throughresolution, versus a litigation; or an increased probability ofsettlement for some claims; encouragement that the case may settle; someindication that a settlement may actually be reached; higher customersatisfaction with the claim resolution; attraction of a higher number ofclaims to the system; lower coat to initiators relative to hiring alawyer to engage the system or file and prosecute a lawsuit; greatercomfort for claimants engaging the system because the legal knowledgenecessary to draft a simple dismissal, release or settlement agreementis not needed; lower cost because an attorney is not needed or minimallyneeded to memorialize the settlement; consolidation and simplificationof multiparty negotiations into effectively a two party negotiation;greater flexibility for claimants since they control the particularmethod of payment; faster receipt of settlement proceeds; or smallerlikelihood of post settlement defaults by defendants.

Particular embodiments of systems incorporating the invention mayfeature one or more of the following additional advantages: the abilityfor individuals to directly contact and engage in a dispute resolutionnegotiation; the ability to receive an immediate or direct crediting,transfer or initiation of a transfer of the value arrived at through thesettlement negotiation; or the ability to receive a windfall adjustmentif a negotiation results in a settlement by being an initiator.

The above advantages and features are of representative embodimentsonly, and are presented only to assist in understanding the invention.It should be understood that they are not to be considered limitationson the invention as defined by the claims, or limitations on equivalentsto the claims. For instance, some pairs of these advantages are mutuallycontradictory, in that they cannot be simultaneously present in a singleembodiment. Similarly, some advantages are applicable to one aspect ofthe invention, and inapplicable to others. Thus, this summary offeatures and advantages should not be considered dispositive indetermining equivalence. Additional features and advantages of theinvention will become apparent in the following description, from thedrawings, and from the claims.

BRIEF DESCRIPTION OF THE DRAWINGS

The following detailed description may best be understood by referenceto the following description in conjunction with the accompanyingdrawings in which:

FIG. 1 is an overview of the computerized system usable to implement thepresent invention.

FIG. 2 is a block diagram showing how a claimant involved in a disputeinteracts with the computerized system of FIG. 1.

FIG. 3 is a block diagram of an example of how an embodiment prompts aperson involved in a dispute in the use of the system.

FIG. 4 is a diagram showing the program flow from a user perspective inaccordance with a preferred method for operating the system of thepresent invention via the Internet.

FIG. 5 is an overview of the computerized system including thefacilitator.

FIG. 6 is a diagram showing program flow from a system perspective for asystem including a power round option.

FIG. 7 is an overview of the computerized system including the directpayment interface option.

DETAILED DESCRIPTION OF THE INVENTION

A computerized system for automated dispute resolution accessibleon-line, for example through an Internet website via the Internet orother communications linkage is created for communicating and processinga dispute between two persons using a series of demands to satisfy aclaim and a series of offers.

The system compares demands and offers on a round-by-round basis inaccordance with preestablished conditions.

A “demand” is the amount of money (or equivalent value) required by theperson having a claim against another person, such as a defendant or hisor her insurer, for which the person with the claim would be willing tosettle. Information corresponding to the amount of the demand is enteredby the claimant, or his or her representative, by using the numbers of atouch-tone or cellular telephone or the keyboard of a personal computer.An “offer” is the amount of money (or suitable value) the defendant orthe insurance company will settle the claim.

A person involved in a dispute is anyone or any company who has a claimagainst another person or against whom another person has asserted aclaim, whether litigation is pending or not.

The system communicates and processes the demands and the offers usingat least one central processing unit by pairing offers and demands andcomparing them. The computer system includes operating system softwarefor controlling the central processing unit, a way to introduceinformation into the central processing unit, and memory for storing theinformation.

The basic preestablished conditions under which the comparison is madeinclude the following:

If the offer in any round is less than the demand and within apreestablished percentage, for example thirty percent, of the demand inthe same round, i.e. the offer is greater than or equal to seventypercent of the demand, the claim is settled for an amount in accordancewith a first preestablished formula, for example, the median amountbetween the demand and the offer.

If the offer in any round is the same as or greater than the demand, theclaim is settled for the demand amount.

If the offer is not within the preestablished percentage of the demandin all rounds, for example if seventy percent of the demand is greaterthan the offer, the claim is not settled unless the difference betweenthe offer and demand is less than a preestablished amount, for example$5,000, in which case the claim is settled for an amount in accordancewith a second preestablished formula, for example at the median amountbetween the demand and the offer. Thus, first and second preestablishedformulas may be the same as or different from each other depending onthe agreement of the parties.

The system preferably is designed to allow a user to communicate withthe system through a standard PC computer and modem via the Internet.The system may also include a voice message system or voice messagegenerator to allow a person communicating with the system to do sothrough a touch-tone or cell phone linkage or to guide the person in theuse of the system. Security is preferably included to make the systeminaccessible without entry of the proper information, for example, acase identification number identifying the dispute, a security codecorresponding to the dispute, and a user security code corresponding tothe dispute and identifying the user, the user being the person orrepresentative thereof who is making the demand or offer, for example,the attorney for the person on whose behalf the demand or offer is made.

Preferably, the computer is secure, for example by the implementation ofa “firewall.about. or protective barrier against unauthorized traffic orthe use of encryption technology, and each case is preferablytriple-password protected to assure privacy and prevent unauthorizedaccess. For example, the system may require the user to enter a passwordor user identification number or alphanumeric combination and a userauthorization code providing access control to the system. For increasedsecurity, systems may be designed which require user authentication, forexample through the use of voice pattern, fingerprints, physicalsignature, or “smart” card. Advantageously, if the smart card is used,certain embodiments will allow a settlement to be completed by directtransfer of funds onto the claimant's smart card.

Still further advantages may be realized when transfer of the settlementvalue in resolution of a given dispute can be automatically, if notimmediately, be made to the claimant.

Yet another advantage may be realized by offering to a claimant anoption to choose the form in which the settlement value is disbursed. Adisbursement of the settlement payment can take any conceivable form,for example, a structured settlement annuity, credit for products ofservices offered by a business organization, investments, or thecreation of a trust.

The claimant may choose from any number of disbursement options for thesettlement value. For example, an insurance company or otherdisbursement structuring entity (DSE) could offer the claimant thechoice of a five-year or a seven-year annuity with half the value givenup front at a given percentage yield. The claimant would also be giventhe option to choose a lump sum payment along with the annuities offeredby the DSE. A DSE is any entity that provides disbursement options forachieved settlement payments. Examples of DSEs include, but are notlimited to, insurance companies, financial intuitions such as banks andinvestment firms, or even private entities seeking capital.

We have also recognized that some of the claims which can not be settledusing the basic configuration automated dispute resolution arrangementcan nonetheless be settled in an efficient automated manner which hassimilar advantages but removes some of the rigidity of the basicarrangement through the use of either a facilitator, a “power” round orboth.

We have also recognized that yet further advantages may be achieved whena windfall relative to a normal payment is provided to an initiator,i.e. the first adversary to present a particular dispute for resolution.Initiator respondents benefit in a savings because the payment theywould make relative to a normal payment for a pair of values is less.Initiator claimants benefit in a windfall increase relative to a normalpayment for a pair of values.

In a fully automated system, strategies, evaluations, or other workproduct are directly or indirectly disclosed to anyone, including anadverse party and offers and demands that do not result in a settlementare never revealed to anyone. In a system implementing a facilitator,disclosure of information to the facilitation is limited and controlled.

Additional advantages may be achieved when settlement documents areautomatically generated by the system for provision to the parties.

Advantages are also achieved when documents for structured settlementsare automatically generated by the system.

FIG. 1 shows the basic system using the Internet or a telephone as thecommunications linkage.

Preferably, the central processing unit receives the settlement offersand a plaintiff or claimant enters demands in communications with thesystem within a period of time, for example, 30 days. Time keeping isperformed to record the entry of the demands or offers over the selectedtime period.

Preferably, there will be three offers for each claim in a normalnegotiation arrangement. In those instances, each demand will becompared with the offer of the same number (i.e. Demand #1 to offer #1,Demand #2 to offer #2, etc.). The computer matches the settlement offeragainst the claimant's demand and performs its programmed calculationsin order to determine whether or not a settlement has been achieved.Where the demand and offer intersect in accordance with preestablishedconditions, settlement is reached. In the intersection case where thedemand is less than or equal to the offer, then the case is settled at asettlement amount equal to the demand. In the intersection case wherethe demand exceeds the offer, the system will preferably split thedifference if the offer is also within a preestablished percentage, forexample 70% of the demand (i.e. demand.times.0.70<=offer). In such case,the settlement amount is calculated to be the median of the two, i.e.,the demand plus the offer divided by two. If 70% of the demand is stillgreater than the offer, there is no settlement unless the differencebetween the demand and offer is less than a preestablished amount, forexample $5,000, in which case the claim is settled for the median amountbetween the demand and the offer.

Additionally, as an option a “power round” option may be made available.With a power round, an additional opportunity is given, or a parameteris changed to increase the prospect of a settlement being reached.

If in any round, there is a successful dispute resolution, the partiesare notified via the communications linkage. A settlement payment of aspecified value to be paid to the claimant is then calculated, uponwhich the claimant is notified of the settlement payment. The claimantcan then be offered any number of disbursement options for thesettlement payment from which he or she can choose.

Thus, in one type of arrangement, the parties communicate only with thecomputer which acts as a proxy, always avoiding direct communicationwith each other for purposes of negotiating a settlement. Wastefulpersonality conflicts, fruitless and unnecessary disagreements,posturing and positioning cannot occur, so the parties deal exclusivelywith the “bottom line”.

Alternatively, a neutral facilitator may be used to assist withsettlement negotiations. The facilitator is a computer or a personoperating with, or without a computer, according to particularguidelines. Through the use of generic, non-revealing statements, thefacilitator the facilitator attempts to induce one or both of theparties to the dispute to adjust their offer(s) or demand(s) intosettlement range.

The DSE can also communicate with the computer, thus facilitatingimmediate offer, selection, and processing of any disbursement option aclaimant may choose.

FIG. 2 shows how a claimant involved in a dispute would use theconfidential and fully automated system without direct communicationwith the other side.

The system preferably is also implemented securely so the system isaccessible only upon entry of the proper authenticating information,such as a case identification number identifying the dispute, and a usersecurity code corresponding to the dispute and identifying the person orrepresentative thereof who is making the demand or offer.

Preferably, the system is capable of generating voice messages to aperson communicating with the system through a touch tone or a cellularphone linkage to guide the person in the use of the system.Alternatively, written messages may be used as prompts when the systemis accessed, from a personal computer via the Internet.

The entry of claims and settlement offers may also be expedited by atrained staff of computer professionals. For example, the website ortelephone linkage can provide a series of options, one of which placesthe user into on-line or telephone communication with a customer servicerepresentative to answer questions or provide other assistance.Thereafter, the user may access the system by communicating to theprocessing unit via the Internet or by telephone, e.g. a toll-freenumber, at any time or day of the week to enter claims or settlementoffers. Preferably, the system also has time keeping implemented torecord the introduction of the information corresponding to the demandsor offers over a period of time. In this way, introduction ofinformation corresponding to demands or offers may be made in aplurality of communications with the system over a period of time. Thesystem can of course be configured to handle multiple telephone calls orother communications from anywhere in the world.

Depending upon the particular implementation, a currency converter isalso included. This allows adversaries to negotiate using differentcurrencies, for example, U.S. dollars, Euros, Pounds, Lira, or Yen,without having to take into account the current exchange rate ornegotiate using an unfamiliar currency. When offers or demands areentered in such a system, the system automatically converts the offerand demand into a common currency. Typically, this will be the currencyspecified by the claimant. Alternatively, the currency used can be basedupon a joint selection by the adversaries, for example, a Japanese partyand Canadian party could select the Euro as the basic currency ofnegotiation. The computer performs its functions and the result arereported to the parties as they occur in real time without waiting.

The system includes modules which act as a negotiator proxy. Thisencourages and enables plaintiffs to take a realistic approach tosettlement with no risk of appearing irresolute or hesitant since aclaimant's financial demands that do not result in a settlement arenever disclosed. Preferably, in the normal course, claimants have onlythree or some other previously agreed-upon number of opportunities orrounds to settle claims using the system, and preferably settlementoffers or rounds have only a limited period or “shelf life” in whichthey are operable, for example thirty days for all rounds, whichencourages prompt action by claimants.

The system preferably also collects and processes settlement datagenerated from a settlement reached through the operation of the systemfor dissemination and use by users, for example sponsors and claimants,in establishing the settlement value of future cases. Settlement datamay also be used by facilitators in prompting one or both parties toadjust the amount they propose for settlement. Means may be provided fora user to access actual settlements achieved through the use of thesystem in other disputes, for example, through a menu or voice choiceprovided to the user via telephone or the Internet whose selectionprovides the user with information about prior settlements. The data maybe tabulated in the memory so as to be accessible by certain categories,for example by court, by sponsor, by geographic location, or by othercategory. In this way, a user of the system can be guided in makingdemands and offers by actual settlements reached in similar cases.

Since the system is accessible via telephone and/or the internet,claimants need not have an attorney in order to engage the system andsettle a claim. Furthermore, incentives for using the arrangement may beprovided, either directly, by giving a windfall to the party who engagedthe system for the case first, or indirectly, through various paymentoptions or tie-in arrangements.

Various enhancements can also be provided to assist the settlementprocess. For example, the system may be constructed to generatesettlement documents for the parties and/or in some cases, papers forfiling in court such as stipulations of settlement or dismissal withprejudice. The system is also capable of generating any documents thatassist in the disbursement process.

The invention can be understood readily from the following descriptionof a number of preferred embodiments, with and without particularenhancements, in conjunction with the overview of FIG. 1. The presentinvention provides an online system, preferably Intranet website via theInternet or telephone accessible or both, to facilitate the settlementof claims by allowing attorneys, claimants and/or claims adjusters touse a simple interface to rapidly post a series of monetary claims for acase to be tested against an algorithm for possible settlement.Preferably, the system also calculates, stores and tabulates settlementdata, once a settlement has been reached, for reference by other usersand/or a facilitator. The system also provides for the offer, selection,and processing of disbursement options for an achieved settlement.

A person involved in a dispute against whom a claim has been made, suchas a defendant or an insurer or other sponsor, preferably submits claimsto the computerized system using electronic media and formats agreedupon by the parties. The sponsors preferably can also describe thealgorithm amount and percentage, and at the individual claim level,check their potential exposure for claims with a built-in calculatorprovided by a computer program in the system.

Claimants can make demands directly, without hiring a lawyer, andcalculate potential settlement gains for their demands including returnsdisbursed through a structured settlement or other disbursement option.Claimants may become aware of the system through advertising, word ofmouth, links provided on selected websites and/or through affinity orpartnership arrangements.

Attorneys for a claimant can make demands in return and calculate theirpotential settlement gain including returns disbursed through astructured settlement or other disbursement option. Claimants or theirattorneys may be invited to participate in the process by anautomatically generated letter that is sent out once the sponsor entersthe case. The claimants or attorneys may then log into the system byspecial authorization codes provided in the letters.

The parties involved may agree in advance to the algorithm amount andthe percentage, or a first person involved in a dispute may enter thisdata which is then agreed to by the second person. Additionally, theparties may agree to allow for a power round. Depending upon theparticular implementation, the power round may involve an additionalround, a variation in some criteria and/or an agreement to alter thepayment if a settlement is reached. The parties may also be subject to awindfall adjustment, based upon who engaged the system first for theclaim.

In an Internet-based embodiment of the present invention, an Internetwebsite is set up to provide the interface between system and user.Preferably, the major areas of the website include a login area forsponsors or their representatives, a login area for claimants orattorneys for claimants, and a login area for administration personnelwho oversee the system. If desired, the website may also include apublicly accessible area that highlights information about the system.For increased security, a separate website may be set up with thisinformation.

The website can also include a login area for DSEs that providedisbursement options for achieved settlement payments. Examples of DSEsinclude, but are not limited to, insurance companies, financialintuitions such as banks and investment firms, or even private entitiesseeking capital.

Individuals using the computerized system preferably must log into thesystem before they can manipulate any data. Preferably, they can view,enter and change only that information that is within their accesslimits—as an attorney for claimant, a directly accessing claimant, asponsor user, a sponsor administrator, or a system administrator or aDSE.

A sponsor user is a claims adjuster or other agent who works for asponsor, for example an insurance company or large self-insuredorganization, which has entered into an agreement to use thecomputerized system. A sponsor user is preferably limited to enteringand reviewing cases relevant to their own entered cases, not casesentered by other sponsor users of the same sponsor.

Thus, a sponsor user preferably may enter the website to login to thesystem, for example by using a user name and password combination orpair, read and agree to an agreement for the sponsor's participation inthe system, assign new cases for claimant attorney participation, andreview any completed, pending or in-process cases that have been enteredinto the system by that sponsor user.

A sponsor administrator is a sponsor user who has been grantedadministrator privileges by the sponsor. Preferably, in addition toperforming all the tasks that a regular sponsor user may perform, asponsor administrator may enter the website to change sponsor contactinformation, change sponsor user login and contact information, add ordelete sponsor users, create sponsor users with administratorprivileges, and review cases for all sponsor users within the sponsor.

Claimants or their attorneys may enter the website to login to thesystem preferably using a username and password pair, read and agree toa system participation agreement for the claimant, review caseinformation as prepared by the sponsor, with current case statusinformation, and post claims against a particular case.

Preferably, system administrators who work for a company administeringthe system assist in the implementation of the system. Systemadministrators with proper authorization, for example username/passwordcombination identifying them as such, may enter the website to review,modify, delete and create sponsors, sponsor users, and sponsoradministrators, and review, modify and delete and create cases or claimsto be processed by the system. Preferably, a case report writer may beprovided containing current case status information searchable by date,sponsor, sponsor user, case name and status, which is able to beaccessed or queried by the system administrator. A more limited form ofcase report writer may also be provided to claimants and other users ofthe system in which only information that is within the user's accesslimit may be searched.

A DSE can be a user who has been granted access privileges by theclaimant. A DSE can enter the website to send a datastream which is usedto offer to the claimant a choice of disbursement options for the valueof the settlement that is reached.

Claimants or their attorneys may enter the website to login to thesystem preferably using a username and password pair, read and agree toa system participation agreement for the claimant, or reviewdisbursement options as prepared by a DSE. A claimant need not reach asettlement using the instant settlement system and method in order touse the disbursement embodiment of the present invention.

Preferably, the DSE is an insurance company offering investments forstructured settlements assist in the implementation of the system. DSEswith proper authorization, for example username/password combinationidentifying them as such, may enter the website to produce any number ofstructured settlements, for example a five or seven year annuity payableat a given percentage for one-half the settlement value. A DSE's accessbe limited to such information as would be necessary to offer structuredsettlements.

The system of the present invention is preferably designed to make iteasy for either a claimant directly engaging the system, or a claimant'sattorney using an on-line connection such as a common Internet browseror telephone to access the system and attempt to settle a legal disputeinvolving a quantifiable settlement amount.

In using the system, the sponsor accesses the system, for example, witha login to the website. The sponsor may at that time enter any pertinentcase information about the case and the claimant attorney. After addingor reviewing case details, the sponsor submits all at once or over timea number of settlement offers, preferably up to three, for each claimsubmitted. Each settlement offer is identified by Round. For example, asponsor may enter $40,000 as the offer for the first round (Round 1),$60,000 for the second round (Round 2), and $80,000 for the third round(Round 3). If a power round option is available, the sponsor may also beprompted for information for use in the power round, if one isnecessary.

If desired, in website based systems, an online calculator may be usedto notify the sponsor user at that time as to what the sponsor's highestpotential exposure might be. For example, if the preestablishedconditions are such that the case will settle at the midpoint betweenthe demand and offer if the offer is at least 70% of the demand orwithin $5,000 of the demand, whichever is greater, a sponsor user whoenters $70,000 as the offer for a round may calculate that the possibleexposure is $85,000 (corresponding to a $100,000 demand, i.e. thehighest demand that will trigger a settlement under these conditions).

Once the claim is entered on the system, the claimant or claimant'sattorney is contacted, for example by ordinary or electronic mail. (Forsimplicity, the claimant's attorney will be used but the discussionapplies equally to the claimant and to other representatives of theclaimant). The claimant's attorney chooses an attorney security code,which is preferably a unique numeric personal identification number(“pin number”) that permits the attorney to access the computerizedsystem. The claimant's attorney must also agree to be bound by anysettlement achieved by the parties using the computerized system and mayalso at this time agree to the percentage within which a demand andoffer in a round must be for settlement to occur, the formula fordetermining the amount of the settlement, the amount which may be zeroin which the case nonetheless will settle if the difference in thedemand and offer in a given round is less than or equal to that amount,and the formula for determining the amount of the settlement in thatinstance. The claim is now ready for settlement, and the claimant'sattorney will preferably have three normal Rounds, or opportunities, tosettle a claim, which may be entered over time or all at once.

Referring now to the block diagram of FIG. 2, the claimant attorney orother user (for example a defendant or sponsor) accesses the system viathe Internet using any standard web browser or via an ordinarytouch-tone or cellular telephone. No special equipment or training isneeded by the attorney to use the system. The system “prompts” theattorney at each step of the process and provides automated, on-demandhelp if needed.

For example, referring to the block diagram of FIG. 3, upon accessingthe system, the user is met with a greeting (step 30) followed by anumber of options that may be selected by pressing the appropriatenumber of a touch-tone or cellular telephone (step 31).

In steps 32-35, the attorney's pin number and preferably two numeric“passwords” are required to commence the alternate dispute resolution ofa claim. The system preferably generates a voice confirmation of theinformation which the user may confirm or cancel and reenter theinformation (see step 34). The system may, upon confirmation of theinformation, determine the correctness of the information and the user'sauthorization to access the system for that case. After entry andconfirmation of the required numbers, the attorney follows the promptsand enters demands using the telephone keypad or by typing in the demandat his or her personal computer. The system may also requestconfirmation of information entered by the attorney. See FIG. 3 fortelephone-based embodiments.

The computerized system is designed to adhere to the will of the partiesand makes no attempt to “force” a settlement. No information concerningthe facts, the law, or the injuries pertaining to the claim ispreferably received by the system. The case can be settled only at afigure agreeable to the parties, not at some figure arbitrarily set byan interviewing third party. Even when a facilitator is used, thefacilitator may only make rule driven or generic statements designed to“nudge” the parties into the settlement range and is preferably notdirectly privy to any of the demand(s) or offer(s) made in a subsequentround. Thus, the parties can resolve disputes fairly using the systemwithout relinquishing settlement authority.

Rounds may preferably be completed in one, two or three calls orcomputer sessions within a given time period, preferably thirty days.Once entered, the system instantly compares each demand to thesettlement offer for each Round. If the demand and offer match or arewithin some preestablished range, the case is settled. For example, ifthe offer is within twenty percent of the demand, the claim is settledin accordance with a preestablished formula, for example the claim issettled for the median amount. If the offer and demand differ by morethan twenty percent in all three Rounds, the case will not settle or, ifavailable, will invoke a power round. If, during the normal rounds, thesettlement offer is the same as or greater than the claimant's demand,the claim is settled for the demand amount.

Preferably, the preestablished conditions are such that even if theoffer and demand differ by more than a preestablished percentage in allthree rounds, the claim will nonetheless settle if the offer and demandare within a preestablished amount, for example $5,000, in which casethe claim will settle in accordance with a second preestablishedformula, which may again be the median amount.

Two examples of a series of normal rounds and the results are given inTable 1. In these examples, the first preestablished formula is themedian amount between the offer and the demand. In Example 2, thepreestablished amount is $5,000 and the second preestablished formula isthe same as the first preestablished formula, i.e. demand plus offerdivided by two equals the settlement amount.

TABLE 1 Round Claimant's Demand Settlement Offer Result EXAMPLE 1(preestablished percentage: 80% of demand) 1 $200,000 $40,000 NoSettlement 2 $150,000 $60,000 No Settlement 3 $100,000 $80,000 Settledfor $90,000 EXAMPLE 2 (preestablished percentage: 70% of demand) 1$19,000  $4,500 No Settlement 2 $14,000   $6,500 N No Settlement 3$12,000  $8,000 Settled for $10,000.

Preferably, the system promptly notifies the parties of a settlement,for example while the user is online or via email to offline parties orby telephone, and follows that notice with a written confirmation.Unaccepted offers and demands expire without further action by anyparty, preferably after thirty (30) days.

The processing of the case data begins when a person involved in adispute, preferably a party representing a person against whom a claimor series of claims is made, for example a sponsor, or an unrepresentedclaimant engaging the system, enters into the central processing unit aseries of rounds of offers to settle the dispute (or if the claimant, aseries of rounds of demands to satisfy the claim). The information as toa claim is submitted electronically in a format compatible with thesystem, for example via phone input or PC input fed for processing bythe central processing unit.

Another person involved in the dispute, for example, when the firstentity for the claim is a sponsor, a party representing a personasserting a claim enters a series of demands to satisfy the claim intothe system. The demands and offers are entered without disclosure toother persons involved in the dispute. The series of demands and theseries of offers are paired up and compared on a round-by-round basis inaccordance with preestablished conditions. For example, the parties mayagree to be legally bound to settle the case if the demand and the offerin any given round are identical (in which case the claim is settled forthat amount) or are within a previously agreed-upon range or formula,for example, within 20% or $5,000 or some combination (in which case theclaim is settled in accordance with a previously agreed-upon formula,for example at the midpoint between the demand and the offer).Otherwise, the system goes on to the next round and the values from theprevious round that did not result in a settlement are normally deleted.After each round the system communicates to the parties the result ofthe value comparison, i.e. no settlement or settled at a certain amount.

As shown in FIG. 3A, upon realizing a settlement, the system notifiesthe claimant of the value of that settlement. Along with thenotification, it offers to the claimant the option of having thesettlement payment disbursed in the form of structured settlements, ifdesired (step 47). If the claimant chooses to have the option, thesystem will then ask the claimant for information necessary processingthe disbursement option chosen (step 48). For example, if a claimantwants to participate in a tax free annuity the system can ask for theclaimants age and location of the award to determine the best annuityoption and determine if the annuity can be offered in region of theaward. Such information may also be gathered or used as is desired ornecessary to automatically generate documents relating to the chosendisbursement option. After entering the information, the claimant canchoose from a series of disbursement options, for example, a lump sum, afive-year annuity for one-half the award payable at a give percentage,and a seven-year annuity for one-half the award at a given percentage.

The computerized alternate dispute resolution may be implemented inInternet-based embodiments using a computer program representing adistributed database application written in a Mark-up Language such asColdFusion Markup Language and HyperText Markup Language (HTML). Thesystem preferably is distributed through ColdFusion Server extensionswhich allow for interactive processing and Microsoft's SQLserver toallow attorneys and claims adjusters to access it via a standard webbrowser such as versions 3.0 and up of Microsoft Internet Explorer andNetscape Navigator, which can be found on a variety of platforms,including Microsoft Windows, Macintosh, and UNIX-type operating systems.

Information entered for a dispute is submitted to a central database viathe Internet. The database preferably indexes sponsors, sponsor usersand administrators associated with that sponsor, and cases associatedwith that sponsor. It also preferably indexes attorneys associated withcases.

Preferably, if a period of time passes without activity when a user isonline, for example 20 minutes under normal network traffic conditions,the user is automatically logged out for security precautions. For allor a portion of the data, the system may be designed so that once datahas been entered, a sponsor or other user has a period of time, forexample 30 minutes, during which it can be modified or withdrawn butafter which the data cannot be withdrawn.

Referring now to the flow chart of FIG. 4, the preferred computerprogram implementing the system in a normal multi-round negotiationenters at step 10 when a sponsor user opens their web browser (forexample Netscape or Microsoft Internet Explorer 3.x or 4.x) and accessesthe system website. The user is prompted by a menu with a series ofoptions, one of which is “enter as Sponsor” which is chosen. If desired,the system may automatically write information in the form of ASCII textor “cookies” onto the user's hard drive as a means of keeping track ofthe user and the user's use of the system. Preferably, the memory meansstores this information. Upon access to the system by the user, anypreexisting cookies of the user may be modified to reflect the currentaccess of the system by the user. Unless the user has explicitly deniedcookies on his or her browser, the computerized system checks for theuser's name through a variable saved in the user's browser. If the userhas logged in before, the user is greeted by username, provided the useris logging in with the same computer. In step 11, the sponsor user ispresented with the choice of adding/editing cases, viewing all cases forthat sponsor, or logout. As mentioned previously, preferably all or aportion of the data in the system may not be withdrawn after a period oftime in which event the user will no longer be permitted to modify thatinformation. Preferably a menu is provided in which the user may chooseone of two links to separate functions. For example, a menu bar may beprovided on the left hand side of the screen in which the user choosesby clicking on the appropriate box in the menu bar corresponding to thefunction. The user's choice is saved through intermediate login andcontract screens which follow. Alternatively, step 11 may be implementedfollowing login (step 12) discussed below.

The program next moves to step 12 in which the user must first log intothe system before editing or viewing cases. The user must enter ausername (unique to the entire database) and a corresponding password.If these do not match the pairs known by the system, the user is shownan error screen with the option to try again.

Alternately, if the user has logged in before with the same computer,his or her username may already be entered into the system, and theserver which distributes the web pages checks the user's passwordagainst the username. If desired, the system may be designed so that theuser has the option to enter a new or different username to allowmultiple users to access the system from the same computer.

Computer program modules preferably are written to implement the varioussteps of the process. For example, a module controlling the sponsor useridentity process may be created to hold all variables related to asponsor user's identity and to cases of that sponsor.

A “ValidateNewUserName” module may be created which is called when theuser places an entry in the user name field and leaves the field form.Preferably, the user name entry form has a JavaScript object whichchecks to see if the username has already been taken, and if so,displays an error message.

Step 13 shows the user a system participation agreement if the correctname and password were entered. The agreement preferably details theterms of use of the system and details regarding the process.Preferably, a button is provided on the menu for either agreement ordisagreement with the contract. If the user agrees to the terms of thecontract, he or she proceeds to the original menu choice (adding/editingcases, or viewing cases) otherwise, the user is returned to the loginscreen with all information cleared.

If the user agrees to the participation agreement, the system may sendthe user to the original menu choice in step 11. Alternatively, thesystem may be designed to send the user to a menu with the options ofassigning a new case, reviewing cases, adding/editing cases or loggingout.

If the adding/editing cases choice was originally chosen, the programenters step 14 where an Add/Edit case screen preferably allows thesponsor to enter the following information into the database:

Claimant name Case Description Sponsor Case ID Values for each of 3settlement rounds The Claimant Attorney name, firm, address, city,state, zip code, telephone, fax, and email

In telephone-based embodiments, some or all of this information may beentered with the assistance of system administrators. In the event thata claimant, upon achieving a dispute resolution, opts for a structuredsettlement or other disbursement option, the system may ask the claimantfor further information, preferably age and locality of payment todetermine the eligibility and desirability for tax-free annuities.

The Sponsor case ID is preferably a number used for sponsor internaltracking selected by the sponsor.

The value inputs need not all be entered at one time. The system willprompt the user to enter an amount for each round individually with theoption to leave the amount for any given round blank (for entry, ifnecessary at a later time).

The dollar value inputs preferably include calculator functions whichcalculate the total possible exposure for the amount entered. The screenalso may display the status of the case. Upon submitting theinformation, the user may be returned a confirmation screen with allentered information upon which the user can choose to accept the changesor return to edit the case further. Preferably, the system provides theuser with a period of time, for example, thirty minutes, to edit some orall of the case information before that information becomes final and isanalyzed if corresponding values have also been submitted for theadverse party. Information made final but for which there is nocorresponding counterpart, (e.g.: after the period of time has expired),may be edited or withdrawn preferably only by agreement of all theparties.

Preferably, the Add/Edit screen includes a “submit” button at thebottom, which sends the information to be checked for formatting. Itpoints out missing or improperly formatted text, or returns the text forverification. If the text is accepted, the data is sent to the databasefor entry as an addition or update. Preferably, a sponsor user cannotedit a case in which the claimant attorney has started to submit demandsinto the system, except to change clerical information such as addressand phone number.

A “CaseDataEntry” module may be created to hold a template thatprocesses the sponsor user's entry of case data and add/insert it intothe database. The main features of the program are the checking of anexpired edit time, and whether or not the claimant attorney has entereda demand in the system. In either event, the form aborts and an errormessage is presented.

Preferably the program is written so that when a record is to beinserted, the insertion is held up and locked using a suitable programuntil the system can read the record in order for the details to bedisplayed back to the user within the screen for confirmation and inorder that the system can provide a HREF to its primary key which isautomatically assigned by the database.

Another module called “SponsorAssignsCase” preferably drives the sponsoruser's entry of a case into the database. The Add/Edit calculator may beany suitable computer program, such as a JavaScript program, whichapplies the algorithm amounts specified by the sponsor to determine themaximum possible exposure.

If the original choice was viewing all cases, the program moves to step15 where the View cases screen reveals all the information for a givencase which has previously been entered during an Add/Edit choice. Theuser is also preferably given an option to edit the information,preferably with a specified time limit (e.g. 30 minutes) for the roundsof offers provided a claimant attorney has not started to submitdemands. The View screen may, if desired, also display a list of casesthat have been assigned to a sponsor user.

Preferably, a module called “SponsorUserShow” contains a template whichshows the user these records. If the sponsor user has administratorprivileges, the module shows all user records related to the sponsor. Asimilar module called “SponsorShowCases” preferably functions to showcase information.

In step 16, the user may log out of the system from a menu choice to endthe session and return the user to the login screen. This menu choicepreferably also follows completion of the Add/Edit and View choices ofsteps 14 and 15. If a user attempts to engage the system again, he orshe will have to login their user name/password pair. Preferably,logging out clears the password, but not the user name, so that uponsubsequent login the computerized system may check for the user's namein the user's cookie if the user accesses the system with the samecomputer.

The screens appearing in the operation of the system may be created bysuitable computer programs written in a Standard Generalized Mark-upLanguage such as ColdFusion Script.

The computer program code for the Login screen creates the login form ifa user is determined not to be in a logged in state. (FIG. 4, step 12).This form preferably passes on a variable value indicating the user'seventual destination.

The module for the License screen follows the Login program and checksthe user's authentication credentials if the user passes, the Licensescreen is shown (FIG. 4, step 13).

Preferably, a module called Login results follows the License module andsets the user state to logged in. Unless the user has explicitly deniedcookies on his or her browser, the program also checks to see if theuser's cookie has taken correctly and sends an error message if it doesnot. If all is correct, the module sends the user on to his or herselected destination.

A Logout module may be used to log a user out of the system. Preferablythe next time the user tries to use a menu item, he or she will beprompted for a password and to approve the license agreement.

If the user disagrees with the license, a module following the Licensemodule displays the Disagree screen which preferably indicates that theuser must agree to the license in order to use the system.

An Access Denied screen may be created to show a user who attempts toaccess a section he or she does not have authorization for.

A Default page for debugging purposes may also be used to show currentuser login status. Preferably, this page is for a system administrator,and other users would normally not be able to access this page withoutmentioning it explicitly.

The above-described steps preferably apply equally to sponsoradministrators (sponsor users designated with administrator privilegesby the sponsor). However, the system preferably may be designed so thatif the user is identified as holding administrator privileges, he or shewill see an enhanced version of the sponsor user menu. In addition toproviding the user with the option to assign a new case, review cases,and logout, the sponsor administrator menu provides the options tochange sponsor information, change his or her own user information, adda user, show/edit users, and remove a user.

If the change sponsor information option is selected, the program sendsthe user to change the sponsor information screen which allows the userto add/edit sponsor information stored in the database, including:

Sponsor Name Address City State Zip Code Phone Fax Email

If the remove a user option is selected, the program sends the user touser information screens which the sponsor user administrator can use tochange, delete, or add information to any sponsor user's record to whichthey have access for their sponsor.

For example, the user information screen may allow the user to add/editthe following information into the database:

User Name Sponsor Name Address City State Zip Code Telephone Fax EmailUser name Password Active User (yes or no) Administrator User (yes orno)

Computer modules preferably contain the screen forms for entering andediting sponsor user and new sponsor user information. These modulesalso may screen users for administrator privileges, for example, beforeallowing the user to edit records.

Many of the above-described steps preferably also apply to a claimantattorney, i.e. an attorney that represents an individual or company thathas a dispute or has initiated a lawsuit with a sponsor who has enteredinto a participation agreement to use the system.

The attorney may be notified, for example, by regular mail, that he orshe can login to the website and submit a specified number, for examplethree, of demands to satisfy a claim according to preestablishedconditions. The attorney may be required to sign a participationagreement, preferably mailed to him or her, before given the properlogin credentials. Once the attorney signs and forwards the agreement tothe system administrators, the attorney is given the proper logincredentials.

In a similar manner, a claimant may contact the system to submit adispute without going through an attorney. The claimant may be requiredto sign or otherwise acknowledge being bound in accordance with theparticipation agreement, and in some cases tender some form of payment,to engage the system.

As in the case of sponsor users, the claimant attorney opens his or herweb browser and accesses the system website (See FIG. 4, step 10). Theattorney, however, chooses an “enter as Attorney” option provided on themenu that appears.

In step 11, the attorney is presented with the choice of reviewing casesplacing demands on cases assigned to the attorney. Preferably a menu isprovided in which the user may choose one of three links to separatefunctions via a menu bar on the left-hand side of the screen. As in thecase of the sponsor user, the claimant attorney's choice is savedthrough intermediate login and contract screens which follow.

The program next moves to step 12 in which the user must first log intothe system before making demands or viewing cases. A “Login” computerfile for an attorney similar to the “Login” file for the sponsorpreferably implements this step. Preferably, the user must enter a caseidentification number, a security code, for example, an internallygenerated random number which functions as a password), and an attorneysecurity code (preferably, a code generated by the sponsor). If these donot match the information known by the database, the user is shown anerror screen with the option to try again.

As in the case with the sponsor user, step 13 shows the claimantattorney a system participation agreement if the correct name andpassword were entered with the same options and results discussedpreviously. A “License” file similar to the “License” file for thesponsor user preferably implements this step.

If the user agrees to the terms of the agreement, he or she proceeds tothe original menu choice (reviewing cases or making demands).Alternately, the system may be designed to send the user to a main menuwith the options of obtaining case information, placing a demand for thenext round of the particular claim or settling a different case. A“Login-Results” file and a “Disagree” file similar to correspondingfiles for the sponsor-user follow the “License” file to implement thisstep depending on whether the claimant attorney agrees or disagrees.Similarly, “Logout”, “Access-Denied”, and “Default” files correspondingto similar files for sponsor users preferably are provided.

If the case information option was selected, a case information screenis provided which preferably allows the claimant attorney to view thefollowing information from the database:

Case Name Status Claimant Name Attorney name Attorney firm Attorneyaddress Attorney city Attorney state Attorney zip Attorney telephoneAttorney fax Attorney email

Preferably, the screen displays the current status of the case with thecorresponding details of the case without the ability of the attorney toedit any of this information. A module controlling the case statusprocess may be written to hold all variables related to an attorney'scases.

An “AttorneyCaseInfo” module may also be created which displays theinformation an attorney needs to start making demands against a case.Preferably, the data in the module may not be withdrawn.

If the next round with current case option was chosen, the program movesto a Next Round screen which provides the attorney with the option toplace a demand against a particular claim. A “CaseNextRound” module maybe created to form a template which determines what the next round is,if any, and places a bid form in front of the user. Preferably, thescreen provides a form box in which the attorney places the demand, andif desired menu options to either test the demand against the exposurecalculator (preferably implemented by a JavaScript program applying thealgorithm amounts specified by the sponsor) to determine the lowestpossible amount the case will settle for, or to submit the demand.

After the attorney submits the demand for the next round, the case issubmitted for comparison. A “CaseNextRound” module may be created toform a template to determine the results of the comparison based on theinformation that the claimant submitted on the CaseNextRound form and onthe preestablished conditions. Preferably, the preestablished conditionsare determined on a sponsor by sponsor basis but may also be casespecific.

If the demand and the corresponding offer by the sponsor for a givenround are within the preestablished conditions, the user is preferablypresented with a case acceptance screen. If the demand and thecorresponding offer are not within the preestablished conditions, theuser is preferably presented with a link to the next round screen, if around is available, i.e. the previously agreed number of rounds ofdemands has not been used and a power round is not available. If a roundis unavailable, for example, the parties have agreed to three rounds andthe claimant attorney has entered three rounds of demands, the user willsee a message that the case is now closed in the system.

If the user is presented with the case acceptance screen, the claim issettled and the claimant or attorney is notified of the dollar amount ofthe settlement, and preferably the details of where to send the finalsettlement request (e.g., the sponsor's address). As shown in FIG. 4,the system preferably is designed so that upon settlement of the claim,data for the settlement is collected and stored for access and use bysponsors and claimants in establishing the settlement value in futurecases.

When the user is presented with the case acceptance screen, the user isalso offered on the screen the opportunity to select from a plurality ofdisbursement options. If the user accepts, a screen prompting the userfor information about the awardee of the settlement may, if necessary,be presented. Information such as age or region of award may benecessary for certain disbursement options, for example, tax-freeannuities. After the user has entered the information, the user ispresented with a disbursement acceptance screen from which the user isprompted to select from the plurality of disbursement options.

Preferably, the system is administrated by a system administrator whomay be an employee of a third party who has been granted login rights tothe administration function of the system for the purpose of addingsponsors, generating reports, or performing customer service on thewebsite.

The system administrator reaches the website by opening his or herwebbrowser, pointing it at the website interface and entering inappropriate identification numbers or passwords identifying him or heras an administrator. A module may be created which contains anadministrator form for the assignment or editing of a case.

The administrator may then be presented with an administrator menu whichprovides the following menu choices:

Sponsor options, including the options to add/edit a sponsor and to showa list and links to all sponsors;

User options, including the options to show users (preferably a list andlinks to all sponsor users, searchable by user name and sponsor name),to add a new user, and to delete a sponsor user;

Case options, including the options to show cases preferably by a listand links to all cases, searchable by case name, sponsor name, startdate, end date and status, to assign a new case, and to delete a case;and

Site options (testing modules) including the options to clear cookiesfor the purpose of losing stored login information, to logout for thepurpose of logging out the system and if desired to clear cookies, andto show login status for current login details.

Preferably, modules may be created to facilitate these options. Forexample, an “AdminNewSponsorUserEntryForm” module may be created whichcontains an entry form to enter a new sponsor user. Preferably, thisform is different from the regular form because of the username checkingthat occurs during the user's interaction with the page.

An “AdminGetSponsorNewCase” module may be created which chooses asponsor for the purpose of adding a new case. Preferably, the identityof the sponsor should be known when a case is added so that the case maybe properly assigned to a sponsor user.

An “AdminShowCases” module may also be created which shows all opencases in an administrator form.

An “AdminSponsorUserDataEntry” module may also be created to hold atemplate which inserts or updates a sponsor user. The module makes aquery to obtain the primary identification of the user, if the systemdoes not have this information, in order for the system to set an editlink.

An “AdminSponsorUserEntryForm” module may also be created to hold atemplate representing the entry form for sponsor user administratorinformation.

An “AdminUserShow” module may also be created which an administratorform to show all users.

A “CaseDataEntry” module may also be created which a form toenter/insert cases into the database. If the Add/Edit a Sponsor optionis chosen, an Add/Edit screen preferably appears to allow theadministrator to the following information from the database:

Sponsor name Address City State Zip Code Phone Fax Mail Algorithm amountAlgorithm percentage System ID Active Account (yes or no)

“SponsorDataEntry”, “SponsorEntryForm”, and “SponsorShow” modules may becreated to add a new sponsor to the database and show a return page, tocontain an entry form to enter a new sponsor, and to show a table of allsponsors entered into the system.

“ValidateNewUserName” and “ValidateUserName” modules may be createdwhich check to see if a username exists in a sponsor table and if so,display an error message. Preferably, these modules are called from aJavaScript lost focus event. The ValidateNewUserName module preferablygives no consideration to the current username as it assumes that thereis none.

The Delete User option provides the administrator with screens in whichthe administrator can change, delete or add information to any sponsoruser's record as in the case with the sponsor administrator's remove auser option. Preferably, a “DeleteUser” module and a “RemoveUser” modulemay be created which show the form that allows a user to delete asponsor user and perform the database call to remove a user.

The Add/Edit case option provides the administrator with an Add/Editcase screen similar to the sponsor administrator's Add/Edit Case screen.In addition, the system preferably allows the administrator to add casestatus information including:

Case Status Last sponsor edit (date-time) Edited by Sponsor name Lastattorney edit (date-time) Last administrator edit (date-time)

A “DeleteCase” module and a “RemoveCase” module may be created to showthe form that allows the user to delete a case and to perform thedatabase call to remove a case.

Preferably, the system also provides a report writer or searchablemodule of case information for reporting purposes. By querying thereport writer, the status of any number of cases may be viewed by theadministrator for the purposes of internal reporting.

Preferably, case information may be searched based on the followingcriteria:

Case Name Sponsor name Status Assigned date (start and finish dates)Modified criteria (start and finish dates, for example, all recordsmodified in a particular day) Show only records unmodified by anattorney

The selected platform and hardware to implement the system should bescalable enough to handle large loads of traffic and data, while beingresponsive to user requests.

Similarly, the database chosen should be scalable enough to handle adistributed data environment, and to be able to handle large loads ofdata, while being responsive to user requests.

The application server likewise should be scalable enough to handle adistributed data environment, and to be able to handle large loads ofdata, while being responsive to user requests. Preferably, theapplication server is a popular platform in which to build applicationsof this type in order to support future changes, add-one, modifications,etc.

The server preferably is an open architecture computer that has theability for failed hardware parts to be replaced swiftly. Thisconfiguration also maintains the availability to increase the power ofthe machine or demand. For example, a computer having an InternalPentium 400 MHz Processor, with 128 MB SDRAI4, a pair of multi-Giga ByteHard Drives, a Promise PCIRAID Level 0 Controller or a RAID Level 5Controller, a 32xCD-ROM, and 3-COM 10-BaseT Ethernet Card is suitablefor use in the system.

The platform for use in the system preferably has the ability to workwith open database systems, provide a reliable and scalable platform forInternet and line of business applications, and offer breed file andprint services that give users easy and effective access to informationand resources. For example, Microsoft Windows NT Server 4.0, or 4.0(Enterprise Edition) system, a powerful multipurpose server operatingsystem, is a suitable platform because of its broad support of manyapplication servers, its scalability to support the system of thepresent invention and its popularity with developers who createapplications of this type. The platform preferably integrates thefollowing services into underlying operating system infrastructure:

Built-in networking and communication services

Comprehensive Web services for the Internet and corporate intranets

Complete platform form for distributed applications

Enterprise-wide directory services

Integrated and robust security services

Easy-to-use and flexible management services.

The system of the present invention preferably uses a webserver, such asMicrosoft Internet Information Server 4.0, that offers provenscalability and tight integration with the operating system and otherproducts used in the system. The web server preferably includespublishing features, customizable tools, and technologies that permitthe creation of Web pages, the publication of information to the WorldWide Web, the sharing of files and data on operating systems such asWindows NT, Novell NetWare and UNIX servers, and over numerousdatabases, including Microsoft SQL Server, oracle, and Sybase databases,and the search capacity for content in HyperText Markup Language andMicrosoft office document types, and multiple languages.

Preferably, the webserver offers process isolation, a feature whichprotects applications and Web sites from failure caused by misbehavingcomponents or Web-applications on the server by running them in separatememory spaces. The webserver should also have, when combined with theoperating system, built-in distributed application services thatautomatically scale to serve thousands of simultaneous users.

Preferably, a high performance, open architecture, scalable database,such as Microsoft SQL Server 6.5 or 7.0, is used in the system.

In one arrangement, the computer program is preferably one whichprovides a scalable platform to deliver high performance Webapplications with any major Web server on Windows or Solaris. AllaireColdFusion Application Server 3.1 and its cooperating ColdFusion MarkupLanguage are suitable for use in developing the system.

In another arrangement, the computer program is preferably one whichprovides a scalable three-tiered platform to deliver high performanceWeb applications with any major Web server on Windows or Solaris. Thefront end is ASP/HTML, the middle tier is Com Object written in C++ orJAVA, and the back end is SQL Server and MTS.

Preferably, the system is hosted at a quality data center, such as aworldwide data center company which provides access to the Internet andmonitors the servers to ensure that they are responding to Internetrequests.

Although in the basic configuration there are numerous advantages toexclusively dealing with the bottom line, there is a potentialdisadvantage in some cases due to using specific, discrete andquantifiable criteria. Namely, lack of flexibility for close cases. In agiven round, the two parties may be very close to a settlement, butunable to consummate it because they are just outside the criteria.However, since the system does not disclose the parties' proposedamounts, they will have no idea how far apart, or close, they are. Forexample, if, to settle the claim the differential must be within$10,000, the same differential is $10,005 or $75,000.

Optional Additions

To increase the number of claims which could possibly be settled, otheroptional features can be added. In particular, if the adverse parties donot meet the criteria used in normal rounds but are not far off,settlement may still be possible. Through use of a neutral facilitator,a “power round” or a combination of the two additional claims can beefficiently and expediently settled.

A facilitator may be optionally employed to communicate a “nudge” to oneor more parties to a dispute into submitting a value which is morelikely to result in a settlement. The facilitator acts as a neutralautomaton, in that it operates in a mechanistic fashion. However, it mayin fact be a live person, a computer or some combination of the two.FIG. 5 shows a representative basic system further incorporating thefacilitator option. As described above, the system includes a mainprocessor and storage representatively illustrated for simplicity as aserver 50 including one or more microprocessors and memory, and anassociated secure database 52 stored disk and/or tape accessible to theserver. The facilitator option includes, as a minimum, rules orconstraints 54 that govern the kinds of encouraging statements thatfacilitator may use. As shown, the facilitator is implemented so thateither the completely automated or partly automated mode may be used.For the completely automated mode, the main processor is guided byprogrammed rules a constraints and directly communicates with thenegotiating entities via the on-line interface 56 illustratively shownconnected (by communication links 58, 60) to some entity's telephone 62and another entity's computer 64. Alternatively a separate facilitatorprocessor 66 may be used to formulate encouraging statements or accessavailable information in order to identify one or more appropriatecommunications. The facilitator processor 66 communicates with the mainprocessor to provide information for usage by the main processor, eitheras communicated, or after further formatting or processing. In thesimplest case the facilitator processor 66 provides communications in a“ready to go” format, and the main processor merely acts as a conduit.In more complex cases, the main processor may be separately programmedto make further decisions, for example, to select from among providedencouraging statements, or to reformat a selected encouraging statementfor communication to one or both entities. The facilitator may also haveaccess to stored information in the secure database, such as offers,demands, prior settlements, geographic information, etc. The facilitatorprocessor 66 may also include a conventional display 68 and inputdevice(s) 70 which allow a live person to act as part of the facilitator66. The facilitator operates in accordance with a set of prescribedrules, distinct from the criteria for settlement. To perform itsfunction, the facilitator may, in some arrangements, be privy toinformation in a round that is not revealed to the adverse parties ortheir representatives. For example, the facilitator may know one or moreof: the offer and demand in a given round, the actual numericaldifferential between the two, the percentage differential between thetwo, the amount of change or “delta” by either or both entities thatwould trigger a settlement of the claim, some other informationindicative of the potential for settlement, or any or all of theforegoing. Ideally, the facilitator will know the differentials ordelta, rather than specific offers or demands, in order to insuredisclosure of one party's information to an adversary does notinadvertently occur, particularly when the facilitator implementationinvolves a human being. Stated another way, the facilitator has somebasis for knowing how close to a settlement the parties are, even if thefacilitator does not know specifics for either party's proposedsettlement figure in one or more rounds.

In the simplest instance, the facilitator may get involved before thefirst value is provided by a particular party. In that case, thefacilitator would likely use information provided by the parties duringregistration in conjunction with past settlement information to providea starting point for negotiations. For example, the facilitator mightinitially communicate with one or more of the adverse parties with astatement regarding the range of past settlements on record for asimilar dispute.

By way of example, assume a claimant has been injured and initiated alawsuit in a particular jurisdiction. The claimant submits the claim toa dispute resolution system incorporating a facilitator. The claimantbelieves the injury merits a $200,000 settlement. Prior to the claimantsubmitting any values usable in a round, the facilitator encourages theclaimant with the statement “Similar claims have settled in yourjurisdiction for between $38,000 and $55,000.” The claimant will thushave an indication that their expectation is unrealistic. As a result,the claimant may decide not to pursue the dispute resolution, or maydecide to try anyway. As a result of the encouraging, the claimant willideally provide more realistic demands, thereby increasing the prospectfor settlement from the outset.

Alternatively, or in addition, the facilitator could get involved inbetween one or more rounds. The advantage here is that the facilitatornow has available some information relating to the current state of theparties expectations for the particular dispute. Once that informationis available, the facilitator would communicate with one or both adverseparties in a neutral fashion in order to induce either or both to adjusttheir proposal to cause a settlement.

Since it is important that each party's proposed values remainundisclosed to any adversary, communications which either directlycommunicate amounts or deltas or indirectly allow calculation orreasonable estimation of the amounts are most preferably not used. Ofcourse, in particular implementations, there may be an unusual casewhere a more specific communication is warranted, but which might allowa party to reasonably estimate the adverse party's proposed number.Assume, for example, the extreme instance where the two parties'proposals were, respectively, $67,100 and $66,000 and the differentialfor settlement was agreed to be $1,000. The parties differ by only$1,100. In this instance, a communication to both parties indicating “Ifyou each give in on your amount, you WILL almost certainly have asettlement” would probably tell both parties that they were extremelyclose to settlement and, hence, allow an estimation of what the otherentity had proposed. Nonetheless, in such an extreme case, even if theparties were specifically told the proposals they would likely give into settle. Thus, the prompting or encouraging can significantly increasethe chances of a settlement.

In the specific case of a human facilitator, guidelines for formulatingneutral communications and/or a set of proposed communications to beadhered to would preferably be used in order to limit the exercise ofdiscretion and constrain the actions of the facilitator. This minimizesthe possibility that either party's proposal can be estimated or known.In this manner, a greater degree of flexibility is achieved relative toa fully automated facilitator since the human facilitator can exercisesome discretion however, that discretion would be limited.

In the case of a fully automated facilitator or a human acting inconjunction with computer guidance, the rules or guidelines wouldpreferably be programmed into the computer or part of a facilitatoraccessible knowledge base. These optional configurations more severelylimit the discretion of the purely human facilitator, but the computerguided human still allows one or both parties to have human interactionduring negotiations, if it is desirable.

Irrespective of the whether the facilitator is a human being, a computeror some combination of the two, the statements made in thecommunications should be similar. Depending upon factors such as: theidentity or sophistication of the parties, the experience of the partieswith the particular dispute resolution arrangement described herein,geographical considerations, etc., the statements used as prompts orencouragements may be more or less colloquial. Additionally, thestatements should generally have a positive or encouraging bias in mostinstances so as to reassure the parties that the prospect for settlementis good. The following are a few examples considered to berepresentative, but by no means exclusive or exhaustive, acceptablestatements or prompts:

a) “The insurance company will increase their offer if you decrease yourdemand.”

b) “The claimant has significantly adjusted her demand downward, but theoffer must also be increased.”

c) “You are close to a settlement but you still must give in some.”

d) “Settlement in the next round is a realistic probability if youadjust your [offer/demand].”

e) “The parties are yards, not miles, apart.”

f) “The parties should consider reviewing the settlements reached insimilar cases before the next round.”

g) “You should consider that during your negotiation two similar casessettled, one for $125,000 and the other for $138,000.”

As an optional alternative, or supplement, to use of a facilitator, a“power” round may be used. A power round is an additional round which,by agreement of the parties or as a result of an implementationparameter, either gives a slight advantage to one party or changes therules in a predetermined manner, if the prescribed number of rounds doesnot cause settlement of the claim. Specifically, a power round mayresult from a specific agreement between the parties at some point inthe process, or be granted based upon application of some systemparameter, for example, which party was the first to engage the systemfor the claim, the differential in the last round relative to otherrounds, some mathematical analysis of the offer and demand in the mostrecent round(s), the amount one or both parties have adjusted theirproposal per round, an analysis of the offer and demand vis-a-vis somestatistical data tabulated and/or maintained by the system regardingother settlements, or other suitably implemented consideration(s).

FIG. 6 is shows a simplified program flow when the system includes apower round. The negotiation starts (100) when one entity submits atleast one value. Once the system has a value from each entity (if thereare only two), the processor receives one or more values from the firstentity (102) and for the second entity (104) values are paired (106) andevaluated (108). If a pair satisfy the criteria in the normal manner(110) and a settlement amount is communicated (112). This is essentiallythe basic system operation described above. If, however, the normalrounds do not result in a settlement, and all the normal rounds havebeen exhausted (114), the system will check to see if a power round forthe negotiation is available (116). If not, the case does not settle(118). If a power round is available, the system will then check if apower round is enabled for this particular negotiation (120). Althoughnot required, this allows the system the flexibility to, for example,ask whether one or more entities want to “buy” a power round, invokes afacilitator intervention (if available), prompt for criteriamodification or such other modifications or features considereddesirable. If the power round is not enabled (122), due to lack ofwillingness of an entity to buy one, or an inability of the negotiatingentities to agree on the criteria, for example, the case will not settle(124). If the power round is enabled, the system will perform a powerround evaluation of one or more pairs of values using the power roundcriteria (126) or a power round guideline agreed to by the parties. Aswith the normal rounds, if the power round fails, the case does notsettle (128). If the power round criteria is met, the case will settle.Depending upon the particular implementation, the settlement value maybe subject to adjustment. In that instance, the system will optionallyfurther decide whether an adjustment is to be made (130), and what itshould be (132). The system then communicates a settlement message (134)in the same general manner described above.

In one exemplary power round, following a three round limit, one party,typically the claimant, is prompted to submit a fourth value analysis inconjunction with the last (in this example, the third) value of therespondent. In this scheme, the system retains, rather than discards, atleast the respondent's last value from the final normal round until thepower round is complete. The claimant's fourth submission is thenanalyzed with the respondent's value used in the third round againstusing a specified criteria. Depending upon the particular system, thecriteria used in the first through third round can still be used, or anew criteria can be applied. For example, if the criteria applied in thefirst through third round was a specified percentage, the system couldutilize a different criteria, for example, by changing from thepercentage differential to a fixed sum differential, widening thepercentage differential, increasing the sum differential, or applyingsome other preselected criteria agreed to by the parties, the particularcriteria allowed or applied in the power round vis-a-vis the criteria ina normal round being an implementation choice.

In any event, if the power round criteria is then satisfied, the casewould settle. If not, the case would not settle. Even with the optionalpower round, once a settlement is, or is not, reached all offers anddemands from all rounds that have not already been deleted arediscarded.

Another example of a power round is to allow one party to submitmultiple additional values (either offers or demands) which are eachapplied against the last value submitted by the adversary, until eithera settlement is reached or the party gives up.

Another example of a power round is to change the settlement criteriafor the final round. For example, in a five round scenario, the firstfour rounds would proceed using a common criteria, but for the fifth, anew or modified criteria would be applied. For example, the parties mayhave agreed that if a fifth round was required, the system would widenthe percentage differential by 2%, increase the actual differentialupward by $1,000, or allow some specified adjustment to the formulaapplied, by some predetermined amount. Then, the fifth round wouldproceed as with the prior four.

In another power round variant, all of the rounds proceed according inthe normal manner and, if the result is no settlement, one or more ofthe earlier rounds are sequentially rerun under a new agreed tocriteria. This power round variant requires keeping all the values untileither the case settlement criteria is satisfied or completion of thepower round still does not result in a settlement.

In yet another variant, each of the rounds is rerun but the criteria isincrementally changed. For example, if the parties agree to a 3%widening in percentage each round could be rerun, first with a 1%widening, then with a 2% widening, etc. If at any point the criteriabeing applied is satisfied, the dispute settles. Similarly, a wideningby $6,000 could be implemented all at once by an actual widening of$6,000 per round, or for example, by sequential changing the amount insteps by $6,000, $4,000, $2,000 and $1,000 in each of the 1st through4th rounds or $2,000, $4,000 and $6,000 in a 3 round negotiation.

It is contemplated that still other power round variants may bestraightforwardly implemented to similar effect, the important pointbeing the provision of some additional opportunity for settlement usingknown, although possibly different, parameter(s) compared to a normalround.

As a further implementation detail, it may be desirable to impose some“cost” in return for the power round. For example, if one party gets anadvantage in a power round, that party may be required to agree to apreviously disclosed adjustment which will be taxed against the ultimatesettlement. In other words, in this variant, a party is able to “buy” apower round at a prescribed cost. For example, if the normal paymentamount would be based upon the median of the two values that triggeredthe settlement, a power round settlement payment calculation mightinvolve some adjustment to less than the median for the claimant or morethan the median for the sponsor or defendant. In other words, assume asettlement was triggered by an offer of $50,000 and a demand of $55,000.In a round where the normal payment amount would be the median, thenormal payment amount would be calculated at $52,500. In a power round,the payment might only be $51,250 to the claimant because the claimantagreed to a $1,250 fixed value adjustment or a calculated adjustment of50% of the difference between the offer and median in order to buy apower round. Similarly, if the respondent rather than the claimantbought the power round, the payment might be $53,750.

It will be appreciated that, numerous types of adjustments may be madethe important point being, there is be some quid-pro-quo on the part ofthe party buying the power round. Stated another way, this type of powerround poses the question: “Would you give in by <some quantity> to haveanother chance to reach an acceptable settlement?

It will now further be evident that alternative arrangements can combinethe use of a facilitator to prompt for the use of a power round or onlyuse the facilitator for a power round. In one scenario, the facilitatormight be the one who suggests the power round after a series ofunsuccessful rounds. In another instance, the facilitator might suggestchanging the criteria for a power round without suggesting a particularchange. This would allow for a greater possibility for settlement whilenot inviting either party to speculate regarding their adversary'sproposals. Thus, the intervention by the facilitator would not affectthe neutrality of the system. In yet another instance, the facilitatorcould intervene immediately upon a power round being “bought” to, forexample, provide a statement derived from the tabulated data from priorsettlements.

By way of example, a claimant buys a power round in return for a $3,000decrease in settlement payment. In this power round, the offer from thelast round will be compared against a new demand. The last offer was$100,000, the last demand was $118,000, so the difference is $18,000.Assume that, in order to settle, the offer and demand must be within$12,000. The facilitator intervenes with a factual statement, derivedfrom the tabulated data, that: “Over 75% of similar claims to yours havesettled for between $85,000 and $110,000 in this jurisdiction” or “Yourlast offer/demand was off by more than 15% from the average settlementpaid on similar claims in your jurisdiction.” Having received one ofthese prompts, the claimant drops the demand to $110,000 and the casesettles. In this example, the payment is normally calculated as themedian of the offer and demand which satisfied the criteria. Since thesettlement resulted from a $100,000 offer and a $110,000 demand, themedian is $105,000. However, since the settlement resulted from a powerround bought by the claimant for a $3,000 reduction, the settlementpayment would be reduced by $3,000 to $102,000.

Although in the basic arrangement, the settlement criteria may alsodiffer among rounds, in some instances it is desirable to enforce amandatory tier structure, which changes the criteria applied, based uponthe demand or offer amount.

For example, the system can be set up so that for a demand or offerbelow $10,000, the settlement criteria may be one or both of 30% or$2,500. If either the offer or demand equals or goes over $10,000, thecriteria changes to 30% or $5,000. If either the offer or demand equalsor exceeds $25,000 the criteria may change to one or both of 35% or$8,000. Of course, the specific cut-off point, range within which acriteria applies, or the particular percentage and/or differentialamount used within a range may vary from system to system or negotiationto negotiation. Moreover, in some instances it may be desirable to allowone or more parties to specify the particulars for one or more of theabove.

Depending upon the implementation, it is possible for a particulardemand to fall within one range and an offer to fall in another range.In that case it is preferable to require that the differential betweeneither a) max exposure and minimum gain satisfy the broadest criteria,or b) actual differential between offer and demand satisfy the broadestcriteria. Alternatively, prioritizing the usage of exposure/gain versusoffer/demand, prioritizing one criteria over another, or requiringsatisfaction of both criteria can be employed.

In some instances, particularly when the settlement amount is calculatedto be, the median, usage of a tiered arrangement can result in asettlement amount being higher than a maximum exposure or, dependingupon the other options employed go below the minimum gain.

An example of such a scenario is shown in Table 2.

TABLE 2 Submission Criteria Specifics $10,000 “A” 30% or $2,500 $10,000“B” 30% or $4,000 $85,000 “C” 35% or $10,000 Round Offer Demand CriteriaExposure/Gain Result 1 $6,000 A $6,900 No Settlement $13,000 B $11,050No Settlement 2 $8,000 A $9,200 Settlement $12,000 B $10,200 Settlement.

In the above scenario, criteria A applied in both rounds for both offersbecause they never exceeded $10,000. Similarly, criteria B applied inboth rounds for the demands because they both were greater than $10,000.There was no settlement in round 1 because neither the actual offer anddemand nor the exposure/gain met the specified criteria.

In round 2, a settlement was reached because the $4,000 differentialcriteria was met by the offer and demand and both the A and B criteriawere satisfied by the exposure/gain differential.

Since the exposure/gain governs the maximum to be paid or minimum to bereceived, using the median of the $8,000 offer and $12,000 demand wouldresult in a payment of $10,000. However, since the maximum exposurebased upon the $8,000 offer is $9,200, the payment amount will be setequal to that exposure rather than the median. In the reverse case, thepayment amount would be no less than the minimum gain.

As a further alternative with the tiered arrangement, if the maximumexposure and minimum gain are equal, that condition could be used as afurther or alternative settlement criteria. Depending upon theimplementation a match between minimum gain amount and maximum exposurecould be set automatically trigger a settlement and override any otherspecified criteria. In the case of a match between exposure and gain,that value would also override the payment amount calculation.

As described herein, sponsors and attorneys may maintain an account withthe provider of the dispute resolution system if they expect to submitcases for resolution with some regularity. However, it is well knownthat for “contingency cases”, plaintiffs' attorneys can take one-third,or more, of a settlement payment for fees, expenses and/ordisbursements. Advantageously, since the system is directly accessibleto non-attorneys on-line, for example, via the internet or telephone,dispute resolution is directly available to the individual without thenormal risks or problems which can arise from a person acting as theirown lawyer. As a result, claimants and respondents may each benefit inone or more of the following ways.

There are four potential claimant benefits which can specifically resultfrom a claimant directly initiating entry of their dispute for automateddispute resolution in the first instance. First, since the system doesnot deal with the law or the facts, only the bottom line, a claimantneed not be sophisticated, knowledgeable in legal nuances or a capablenegotiator in order to obtain an acceptable settlement. Second, theclaimant is not subject to a “contingent fee” or other legal costs,although they might be charged some “engagement fee” as evidence of goodfaith or to discourage the submission of insignificant claims. Inkeeping with the on-line implementation aspect, the engagement fee willlikely be chargeable to a credit card number submitted by the directlyengaging party. Alternatively or additionally, the engagement fee couldbe returnable if a settlement is reached, for example, if a sponsoragrees to pay a fixed fee if the dispute is negotiated using the systemor a settlement is reached using the system. Third, the case may beresolved much faster than would be the case through conventional legalor dispute resolution routes since the claimant has greater control overthe negotiation since they present the demands rather than authorizingan attorney to settle for no less than a specified amount. Finally, aswill be discussed in greater detail below, use of the system may resultin the claimant receiving their payment faster and/or more conveniently.

There are also at least three potential benefits when a defendantinitiates the automated dispute resolution process for a given claim.First, legal fees are reduced because attorney involvement in theprocess will typically be minimal, if not nonexistent. Second, in someinstances, a plaintiff may be unaware of the potential value of theirclaim and thus submit demands, leading to settlement, well below whatthe defendant could be forced to pay thorough conventional legal ordispute resolution channels. Finally, if a claimant can engage thesystem directly, rather than through an attorney, the prospect of aquick settlement goes up because delays due to backlogs orinattentiveness of attorneys to smaller claims in favor of larger onesare eliminated.

Claimants can be attracted to the system using conventional print, radioand television media, word of mouth, links on websites, partnershipswith portals or web based companies, and/or through affinity programarrangements.

For example, insurance companies may offer incentives in the form ofdiscounts on insurance products to claimants who directly engage thesystem. Alternatively, a company may offer an incentive, such as ahigher investment rate on an annuity or reduced fees for a product ifthe claimant directly engages the system, a settlement is reached, andthe proceeds are invested through the company. Alternatively, affinityprograms can be arranged with entities such as airlines or credit cardcompanies so that, if a settlement is reached, the claimant will receivefrequent flyer mileage or a debit card for the amount of the settlement.Other suitable partnerships and affinity arrangements can be set up, forexample, with entities in the travel, investment, banking, automobile,publishing, housing or big ticket item businesses. Depending upon theparticular circumstance a payment between dispute resolution systemprovider and the affinity program partner may be involved.

Another optional variant provides a further incentive to a party toinitiate entry of a dispute for automated resolution. In this variant,if initial entry of a dispute is a result of a direct contact, the partysubmitting the dispute is identified as an initiator. The system logsthat fact for later use if a settlement is achieved. The rounds proceedaccording to the particular implementation used. If a settlement isreached in a particular round however, instead of calculating asettlement amount according to the normal formula, a case resolutionpayment using a different formula is used which favors the initiator oralternatively a windfall amount adjustment is made to the normal paymentamount which would normally be used when there was no “initiator”. Anexample of a no “initiator” instance is when the claim is firstsubmitted by an attorney who has an account with the system.

Depending upon the implementation, if a defendant can be a directclaimant, it may be desirable to require the defendant to “escrow”proceeds such that if a settlement is reached, the risk ofpost-settlement default is reduced. One way this can be accomplished,for small matters, is by putting through a charge in a specified escrowamount on their charge/credit or debit card. Another way to accomplishthis purpose is to require the person to transfer funds from an accountthey hold into an escrow account maintained expressly for this purpose.

In order to reasonably assess the amount necessary for escrow, thesystem can utilize the case information provided to identify similarcases which have settled and, using that information, calculate anestimation of the required escrow amount sufficient to meet asettlement, if reached. The system is also preferably set up to creditany overage amount back to the defendant's credit card or account if thesettlement figure reached is less than the escrow.

By way of example, a claimant with a currently pending claim arisingfrom an automobile accident sees an article on a consumer orientedwebsite about automated dispute resolution. This causes the claimant togo to the identified website which acts as an Internet interface to anautomated dispute resolution system. The claimant submits the claim tothe system and is charged an engagement fee of $75. Since the claimantdirectly contacted the system and the respondent's insurer has notpreviously submitted this particular claim to the system, the claimantis flagged in the system as an initiator. At some time thereafter, theinsurer agrees to also use the system for that claim. The parties agreeto a number of rounds and a settlement criteria, submit their respectivevalues and the case settles as a result of the analysis in the secondround. The system is set up so that a normal payment amount would be themedian of the value submitted by the adverse parties. However, as partof the calculation function, the system identifies that the initiatorflag is set for the claimant. As a result, the payment is calculateddifferently so as to provide a windfall benefit to the claimant. Forexample, the claimant may receive the offer amount, an amount specifiedby a new formula, some percent in excess of the median amount, a fixedamount bonus, or the median might be used in place of the lower of theoffer or demand in the particular formula, so as to provide a higherpayment to the claimant relative to what the claimant could haveobtained in the normal case.

In a similar vein, if two parties to a dispute are both individuals andthe respondent is the initiator, the “windfall” would be in the form ofa reduced payment amount relative to a normal payment amount.

In still other implementations, the “windfall” may only be invoked ifthere is an initiator and the demand and offer have crossed or pass eachother, i.e. in one round the offer is less than the demand and in thenext round the offer is more than the demand. In such a situation, thesimplest windfall benefit to set the settlement payment to the initiatorclaimant equal to the full offered amount rather than the calculatednormal payment amount. Conversely, the simplest windfall for theinitiator respondent is to set the payment they will make equal to thedemand.

It will be recognized that the specific windfall adjustment will dependupon the particular implementation used. Accordingly, the importantaspect is that the system keeps track of whether a particular party isan initiator and there is some benefit which can accrue to the initiatorwhen a settlement is reached.

A further advantage flowing, in part, from the on-line nature of thesystem is the ability to automatically provide immediate payment to aclaimant or initiate an immediate transfer of the settlement payment orvalue when a settlement is reached. The system FIG. 7 is a simplifiedsystem variant which includes an interface 72 to effectuate payment tothe claimant automatically. For example, the interface 72 may be to apayment card account system such that if a settlement is reached, andthe claimant is a registered cardholder the claimant'scredit/debit/charge/entertainment card is automatically credited withthe settlement amount. Similarly, if the claimant has a smart card,stored value card, online creditable purse or module, or other on-lineaccessible way for the recipient to automatically (and preferablydirectly) receive the transfer, the system may be configured toautomatically credit it with the settlement amount. Given the numerousways known to transfer or receive value on-line and the rate of growthin new ways to do so, it will be appreciated that the basic principle isthe automatic provision or transfer of value, not the particular scrip,protocol or device used to do so.

Alternatively, the claimant may provide the system with an accountnumber into which a wire transfer of the funds may be automaticallytransferred.

In some instances, the interface is merely a pre-configured vehicle forcommunicating with an authority in order to inform the authority that atransfer is to be made. As such, the system is capable of executing atransfer of any disbursement form chosen by a claimant. In this mannersuitable arrangements may be made so that the system can convert thesettlement into a non-monetary payment-in-kind or transfer. For example,through an arrangement with an airline frequent flyer program, or otherprogram offering “points”, the settlement can be converted into theappropriate amount of miles or points. Alternatively, the settlement mayinvolve a non-monetary settlement figure which can automaticallyinitiate a transfer of stocks, bonds, commodities, precious metals,gems, etc., lodged with an escrow agent. In such cases, the valueprovided by the respondent must be at least equal to the highest offerthey will present. In the event of a settlement, the appropriate amountis calculated as the settlement figure and automatically transferred tothe claimant. For example, in the case of stocks, the shares will beautomatically registered in the name of the claimant. In the case ofprecious metals, an account will be automatically opened in theclaimant's name and a suitable amount will automatically be credited tothat account. It will be recognized that, consistent with thedescription herein, automated dispute resolution would be extensible toapply to other payment-in-kind situations in a straightforward manner.

It may also be desirable to implement the system such that, in responseto a settlement, an automatic transfer of title or an ownership interestin something is initiated, for example in the case where the dispute isa divorce and the payment may be made by transfer of title in a vacationhome from one to the other party. In such a case, suitable documentsauthorizing the transfer will be executed but not filed. If a settlementis reached, the system will automatically notify the appropriateentities and provide the necessary documents to effectuate the transferwith a minimum of claimant involvement.

Additionally variants may initiate issuance of some insurance product,such as an annuity or a fully paid up insurance policy in the settlementamount.

One possible drawback to a system which allows a claimant to directlyengage the system is the claimant's potential fear that, even if asettlement is reached, attorney involvement may be required in order toconsummate the settlement. Advantageously, the system may be optionallyconstructed to address that concern. In particular, the system may beconstructed to automatically generate settlement documents when asettlement is reached. As described above, when the parties engage thesystem one or more of the parties provide case specific information. Thesystem contains a number of templates which can be used to generatesettlement documents appropriate for the case. For example, a settlementagreement and/or release can be generated by extracting the appropriateinformation provided for the case and incorporating it into thetemplate. Similarly, if sufficient information is provided for a disputecurrently pending in a court, the system can use a suitable template togenerate a stipulation and/or order of dismissal with prejudice, inaccordance with the requirements of the particular jurisdiction. Oncegenerated, the document can be accessed in a form conducive to printingand immediate execution or in a text format which allows furtheradditions and/or modifications to be made to conform to local rules orcustom. In the broadest sense, the on-line document feature can belikened to an having an automated clerk make a trip to the localstationary store for the appropriate legal form and type in theappropriate information. Alternatively, particular jurisdictions mayrestrict the form and type of document provided. As a result, the systemis preferably constructed so as to take into account any such limits andrestrictions within that jurisdiction and provide all appropriatedisclaimers in that regard.

The system may also be advantageously used to automatically generate anydocuments necessary for the disbursement of the settlement, for example,any documents necessary for the disbursement of the settlement in theform of an annuity.

Multiparty Aggregation Options

Many multiparty negotiations can be directly handled as a group of twoparty negotiations as set forth above. However, in some cases,particularly when the claim involves a single entity against a group ofentities for a claim, aggregation of the group's individual offers ordemands can simplify processing.

Depending upon the particular system, the aggregation can be fully orpartly blind to some or all of the parties. For example, if a plaintiffhas a claim against three separate parties (collectively “the group”),the group can be linked such that the system will still acceptindividual submissions from each. However, once received, individualsubmissions from each member of the group will be added to correspondingsubmissions of the others in the group to form one or more sets ofaggregate values. The system is “fully blind” because the individualmembers of the group are not informed that the aggregation is beingperformed. An aggregate value is used in the system as if it was anoffer or demand submitted by a single entity. In this system, an“AggregateValues” module can be created which sums individual valuesfrom different entities sharing a common adversary for a claim. Thesystem will compare the aggregate value against an opposing offer ordemand as described above. In other words, once aggregated, thenegotiation can proceed as if it was a two party negotiation—becausefrom the system perspective at that point, it is.

It is important to note that, as with the two party negotiation, valuessubmitted by all members of the group are not disclosed to theiradversary. Similarly, the system does not disclose the adversary'ssubmission to any member of the group. Depending upon the particularsystem configuration, the submissions from individual members of thegroup may not be disclosed to any other member of the group.

In the case of a fully blind aggregation arrangement, individualsubmissions are not revealed to anyone other than the party making thatsubmission.

An example of a fully blind negotiation is shown in Table 3

TABLE 3 Settle if (aggregate) offer is at least 75% of demand FullyBlind (i.e. Party 1, 2 & 3 and plaintiffs do not know offers arecombined. EXAMPLE 1: ROUND 1 Defendant (s) Plaintiff Party 1 Offer$10,000 Party 2 Offer $15,000 Party 3 Offer $35,000 Total $60,000 Demand= $65,000 Case settles for $62,500 Party 1 contributes $10,416.67(10,000/62,500 × $62,500) Party 2 contributes $15,625.00 (15,000/62,500× $62,500) Party 3 contributes $36,458.33 (35,000/62,500 × $62,500)EXAMPLE 2: ROUND 1 Defendant Plaintiffs Party 1 Demand $25,000 Party 2Demand $18,000 Party 3 Demand $35,000 Offer = $70,000 Total $78,000 Casesettles for $74,000 Party 1 receives $23,718 Party 2 receives $17,077Party 3 receives $33,205

A partially blind arrangement allows the group access to each of theother submissions. To prevent escalation in submissions by oneindividual based upon the submission of another in the group, it isdesirable to only allow an individual access to the submissions ofothers in the group after all the individual values have been submittedand the values have been locked against withdrawal or change.

An example of this type of partially blind negotiation is shown in table4:

TABLE 4 Settle if demand and offer differ by less than $2,500 PartiallyBlind (i.e. Party 1, 2 & 3 know each others offers after all submitted)ROUND 1 Defendant (s) Plaintiff Party 1 Offer  $5,000 Party 2 Offer$12,000 Party 3 Offer  $9,000 Party 4 Offer $11,500 Total $37,500 Demand= $50,000 NO SETTLEMENT ROUND 2 Defendant (s) Plaintiff Party 1 Offer$10,000 Party 2 Offer $15,000 Party 3 Offer $10,000 Party 4 Offer$13,500 Total $48,500 Demand = $45,000 Case settles for demand amount of$45,000 Party 1 contributes $9,278.35 Party 2 contributes $13,917.53Party 3 contributes $9,278.35 Party 4 contributes $12,525.77.

Another partially blind arrangement allows the group to fullycollaborate on a collective submission. In this case, the adversary isinformed that the offer or demand is being submitted on behalf of party1, party 2, etc. The adversary then has the option of accepting ordeclining. If the adversary accepts, and a settlement is reached, theclaim will be settled for all parties in the group and their adversary.

An example of this type of multiparty negotiation is shown in table 5.

TABLE 5 Settle if (aggregate) offer is at least 75% of demand PartiallyBlind (i.e. Party A, B, & D collectively submit offers as single valuesand plaintiff is informed, “You have a claim against Entities A, B, C, &D. Offers are being submitted by Entity A on behalf of Entities A, B &D. Entity C declines to participate, if a settlement is reached you maybe able to independently pursue your claim against Entity C.” RoundAggregate Offer Claimant's Demand Result 1 $100,000 $295,000 NoSettlement 2 $110,000 $230,000 No Settlement 3 $120,000 $160,000 Settlefor $140,000 4 $128,000  $140,000.Settle if (aggregate) offer is at least 75% of demand Partially Blind(i.e. Party A, B & D collectively submit offers as single values andplaintiff is informed, “You have a claim against Entities A, B, C & D.Offers are being submitted by Entity A on behalf of Entities A, B & D.Entity C declines to participate, if a settlement is reached you may beable to independently pursue your claim against Entity C.”

Entities A, B and D can then work out among themselves theapportionment, specify an apportionment so that the system willcalculate an amount owing for each, or apportion the amount equallyamong all participants.

In still another variant, once presented with the list of parties makingup the group, the adversary has the option of declining to negotiatewith the group, but designating some members of the group with whom theywill negotiate as a group. In this manner, a plaintiff gets the abilityto “opt out” one or more particular defendants, so as to attempt topreserve a claim against them, and a defendant gets to opt out one ormore plaintiffs, to prevent one or more individuals, for example, thosewith a history of dubious claims, from riding on the claims of others.

The aggregations may also be independently performed on both sides of aclaim. Thus, a group may submit offers for comparison against anothergroup's demands. Depending upon the particular implementation, theaggregation arrangement on one side of the claim need not be the same asthe aggregation performed on the other side of the claim. In otherwords, offers may be submitted partially blind for comparison againstdemands aggregated in a fully blind arrangement.

In any case, if a settlement is reached, if the group whose submissionswere aggregated will pay on the claim, the payment will preferably be ona pro-rata proportional share. Alternatively, in some implementations,the members of the group can specify a payment allocation other than ona pro-rata basis.

If the group is made up of individual parties who will receive payment,depending upon the particular system, the parties will each receivetheir respective demands, rather than some median. Alternatively,additional modules can be created which perform more complexapportionment or allocation of payments to plaintiffs.

Additional Options

Since the internet is a globally accessible media, particularembodiments may include a “ConvertEquateLocalCurrency” module created toallow adverse parties to submit offers or demands in their localcurrency for comparison, even if the offers are submitted in onecurrency and the demands in another. In this manner, each party can dealwith a currency with which they are comfortable, thereby making thenegotiation even more user friendly. Where disparate currencies areused, to analyze the offers and demands the system will convert all thecurrencies specified to a common currency, which may or may not be thesame currency as the offers and demands, for comparison. By way ofexample, if the offers were submitted in Japanese Yen and demandssubmitted in Italian Lira, the system might use Yen, Lira, or some thirdcurrency, for example U.S. Dollars, Euros, or even That Bhat, dependingupon the particular implementation.

In a similar vein, an arrangement may be made with a currency exchangeentity so that, if a settlement is reached, the claimant can be paid inthe currency of choice, irrespective of the currency the respondent usedto submit offers. For example, a Greek national submitting offers ordemands in U.S. dollars may specify automatic payment by crediting theirAthens bank account in Drachmae.

Other optional features include a “StructurePayment” module which willcalculate a structured payment from the settlement amount in accordancewith specific guidelines submitted by a party. In this manner,spendthrift claimants can protect themselves by specifying that thepayment not be provided as a lump sum, but rather incrementally overtime. Coupled with one of the above payment options, the settlementcould advantageously make monthly transfers to a stored value module, acredit card, a bank or brokerage account, quarterly payments to aninsurance policy, or such other arrangements as the system provider canarrange.

Other optional features include the use of different types ofcommunications links (e.g. optical cables or wireless connections);distributed databases; state machines; combinations of secure andnon-secure servers; distributed processing; or implementing certainoptions such as indicators or particular functions in hardware vs. insoftware and vice versa. Similarly, the principles may be implementedusing different types of storage such as tape, solid state, optical,magneto-optical, etc., instead of, or in addition to those describedherein.

It should be understood that the above description is onlyrepresentative of illustrative embodiments. For the convenience of thereader, the above description has focused on a representative sample ofall possible embodiments, a sample that teaches the principles of theinvention. The description has not attempted to exhaustively enumerateall possible variations or even combinations of those variationsdescribed. That alternate embodiments may not have been presented for aspecific portion of the invention, or that further undescribed alternateembodiments may be available for a portion, is not to be considered adisclaimer of those alternate embodiments. One of ordinary skill willappreciate that many of those undescribed embodiments, involvedifferences in technology rather than differences in the application ofthe principles of the invention. It will be recognized that, based uponthe description herein, most of the principles of the invention will betransferable to other specific technology for implementation purposes.This is particularly the case when the technology differences involvedifferent specific hardware and/or software. Accordingly, the inventionis not intended to be limited to less than the scope set forth in thefollowing claims and equivalents.

What is claimed is:
 1. An automated method capable of multiple roundsfor settling a dispute between or among adverse parties in a round byround manner comprising: accepting at least one demand submitted by aclaimant and at least one corresponding offer submitted by a secondentity for a claim in a round by round manner in accordance with atleast one preselected criterion agreed to by the claimant and the secondentity; the at least one preselected criterion including at least onecriterion allowing for enabling a settlement when the demand is greaterthan the offer, the at least one demand and the at least onecorresponding offer being different from each other; calculating asettlement payment of a specified value to be paid to the claimant tosettle the case; wherein a computer automatedly executes each round inaccord with the at least one preselected criterion.
 2. The methodaccording to claim 1, wherein the payment is offered as at least one of:a non-monetary payment; an investment vehicle; an insurance product; ora lump sum payment.
 3. An automated method capable of multiple roundsfor settling a dispute among adverse parties involving monetary valuessubmitted by adverse parties in a round by round manner comprising:evaluating a plurality of paired values for a claim one value being froma first entity and the other value being from a second entity adverse tothe first entity in a plurality of rounds; determining that none of theplurality of paired values when evaluated round by round satisfies atleast one settlement criterion in a given round; the at least onesettlement criterion including at least one settlement criterionallowing for enabling a settlement when the demand is greater than theoffer, and wherein a computer automatedly executes each round in accordwith the at least one settlement criterion; communicating a settlementmessage if, in any of the plurality of rounds the evaluation indicatesthat at least one power round settlement criterion is satisfied; andcalculating a settlement payment of a specified value to be paid towhoever among the first entity or the second entity is to be paid tosettle the case.
 4. The method according to claim 3 which furthercomprises: transmitting notification of the settlement payment;transmitting an offer to select from a plurality of disbursement optionsto the entity to be paid; and having the entity to be paid select onefrom among the plurality of the disbursement options for the settlementpayment asking the at least one entity to be paid for disbursementspecific information.
 5. The method according to claim 4 which furthercomprises automatedly generating documents containing disbursementspecific information.
 6. The method according to claim 4 which furthercomprises automatedly initiating the settlement payment to the at leastone entity to be paid in accord with the selected disbursement option.7. The method according to claim 4 wherein the plurality of disbursementoptions include at least one of: a non-monetary payment-in-kind; aninvestment vehicle; or an insurance product.
 8. The method according toclaim 3 wherein the payment includes: a non-monetary payment-in-kind; aninvestment vehicle; an insurance product; or a lump sum payment.
 9. Themethod according to claim 3 which further comprises: receiving anagreement from a party to perform a power round evaluation.
 10. Themethod according to claim 9 which further comprises: determining thatthe power round evaluation of values should occur based upon a systemparameter.
 11. The method according to claim 9 wherein determining thatthe power round evaluation of values occurs by analyzing a differentialin at least one pair of the plurality of paired values against at leastanother of the plurality of paired values.
 12. The method according toclaim 9 wherein determining includes: determining that the power roundevaluation of values occurs based upon a relationship between at leastone pair of the plurality of paired values and achieved settlements. 13.The method according to claim 9 which further comprises: receiving anagreement from a party to an adjustment from a normal payment amount inreturn for performing the power round evaluation.
 14. The methodaccording to claim 9 wherein performing the power round evaluationincludes: determining that the two values satisfy the at least one powerround settlement criterion.
 15. The method according to claim 9 whereinthe at least one power round settlement criterion is the at least onesettlement criterion.
 16. The method according to claim 9 wherein the atleast one power round settlement criterion differs from the at least onesettlement criterion.
 17. The method according to claim 9 whereinperforming the power round evaluation includes: determining whether anyof the plurality of paired values satisfies at least one power roundsettlement criterion.
 18. The method according to claim 3 whereinincludes: identifying a first engaging party.
 19. The method accordingto claim 3 which further comprises aggregating a plurality ofsubmissions into a group value; and using the group value as one of thevalues in a pair.
 20. An automated system for settling disputes betweenor among adverse parties in a round by round manner, which system iscapable of multiple rounds comprising: an input connectable to anon-line interface for receipt of values therefrom; an output; a firstvalue, submitted on line by a first entity via the input; a second valuesubmitted on line by a second entity via the input; the first and secondentities being adverse to each other with respect to a claim, the firstvalue being inaccessible to the first entity, the first value and thesecond value being different in magnitude from each other; memoryconnected to the input and configured to receive and temporarily storethe values received from the input; a processor connected to the memory;and a computer executable program, the program being structured to, whenexecuted by the processor, accept the pair of values from adverseentities and return a specified result indicator that a settlement hasor has not been reached in one of the plurality of rounds based upon theapplication of at least one predetermined criterion to a mathematicalcomparison of the pair of values in a round by round manner, the atleast one preselected criterion including at least one criterionallowing for enabling a settlement when the demand is greater than theoffer.
 21. The system according to claim 20 wherein the program, whenexecuted by the processor, asks the adverse party to be paid fordisbursement specific information.
 22. The system according to claim 20wherein the program, when executed by the processor, accepts via theinput, a datastream from a disbursement structuring entity that offers aplurality of disbursement options for a payment value.
 23. The systemaccording to claim 20 which further comprises the program that, whenexecuted by the processor, automatedly generates documents containingdisbursement specific information.
 24. The system according to claim 20which further comprises the program that, when executed by theprocessor, automatedly initiates the settlement payment to the adverseparty to be paid in accord with a selected disbursement option.
 25. Thesystem according to claim 20 wherein a plurality of disbursement optionsinclude at least two of: a non-monetary payment-in-kind; an investmentvehicle; an insurance product; or a lump sum payment.
 26. The systemaccording to claim 20 wherein a disbursement options includes at leastone of: a non-monetary payment-in-kind; an investment vehicle; or aninsurance product.
 27. The system according to claim 20 wherein thesystem further comprises: the program, when executed by the processor,being further structured to perform a power round analysis of a powerround pair of values by applying at least one predetermined power roundcriterion to the power round pair of values and, when a power roundresult indicator indicates that the at least one predetermined powerround criterion is satisfied, provide a power round payment value forthe claim to at least one of the adverse entities via the output. 28.The system according to claim 27 wherein the at least one predeterminedcriterion and the at least one predetermined power round criterion aredifferent.
 29. The system according to claim 27 wherein the at least onepredetermined criterion and the at least one predetermined power roundcriterion are the same.
 30. An automated claim dispute resolution systemfor settling a dispute between or among adverse parties in a round byround manner, which system is capable of multiple rounds comprising: aprocessor for evaluating demands and offers, wherein at least one demandis submitted by a claimant for a claim and at least one correspondingoffer is submitted by a second entity adverse to the claimant; at leastone preselected criterion, agreed to by the claimant and the secondentity, which will be applied in a round by round manner, duringanalysis of the at least one demand and the at least one correspondingoffer, to determine if there is a resolution for the claim, the at leastone preselected criterion including at least one criterion allowing forenabling a settlement when the demand is greater than the offer; a claimdispute resolution program constructed to, when executing on aprogrammed processor, cause an analysis of numbers in accordance with atleast one criterion and calculate claim settlement payments when thecriterion is satisfied; and a programmed processor executing the claimdispute resolution program, to analyze a demand and at least acorresponding offer in a round by round manner in accordance with the atleast one preselected criterion and, when the at least one preselectedcriterion is satisfied, calculate a settlement payment of a specifiedvalue to be paid to the claimant to settle the claim.
 31. The systemaccording to claim 30 wherein the value is in the form of at least onedisbursement option including at least one of: a non-monetarypayment-in-kind; an investment vehicle; an insurance product; or a lumpsum payment.
 32. The system according to claim 30 wherein a plurality ofdisbursement options include a combination of a partial monetary paymentand at least one of: a non-monetary payment-in-kind; an investmentvehicle; an insurance product; or a lump sum payment.
 33. The systemaccording to claim 30 wherein the program, when executed by theprocessor, is structured to ask the claimant for disbursement specificinformation.
 34. The system according to claim 30 wherein the program,when executed by the processor, is structured to accept via the input adatastream from a disbursement structuring entity that offers aplurality of disbursement options for the payment value.
 35. The systemaccording to claim 30 wherein the program, when executed by theprocessor, is structured to automatedly generate documents containingdisbursement specific information.
 36. The system according to claim 30wherein the program, when executed by the processor, is structured toautomatedly initiate the settlement payment to the adverse party be paidin accord with a selected disbursement option.
 37. An automated methodcapable of multiple rounds for settling a dispute between or amongadverse parties in a round by round manner, the method comprising;analyzing, using automation, pairs of values in normal rounds accordingto a first pre-determined criterion, the first criterion including atleast one pre-determined criterion enabling a settlement when the demandis greater than the offer, and wherein a computer automatedly executeseach round in accord with the at least one settlement criterion, each ofthe pairs of values including one value provided by a first party andanother value provided by a second party adverse to the first party withrespect to a claim, the values in each pair of values differing inmagnitude from each other; determining if the first criterion issatisfied in a round; and when the first criterion is satisfied,generating a payment to be made on the claim.
 38. The method accordingto claim 37 further comprising: when the first criterion is notsatisfied, determining if a power round analysis is necessary; when thepower round analysis is necessary, analyzing a pair of values inaccordance with a power round criterion; and when either the firstcriterion is satisfied, or the first criterion is not satisfied but thepower round criterion is satisfied, generating a payment to be made onthe claim.
 39. The method according to claim 37 further comprising:asking the adverse party to be paid for disbursement specificinformation.
 40. The method according to claim 37 further comprising:automatedly generating documents containing disbursement specificinformation.
 41. The method according to claim 37 further comprising:automatedly initiating the payment to the adverse party to be paid inaccordance with a selected disbursement option.
 42. The method accordingto claim 37 wherein the a value is in the form of at least one: anon-monetary payment; an investment vehicle; an insurance product; or alump sum payment.
 43. The method according to claim 37 wherein aplurality of disbursement options include at least one of: anon-monetary payment-in-kind; an investment vehicle; or an insuranceproduct.
 44. The method according to claim 37 further comprising:constructing a claim specific facilitating message, for communication toat least one of the first and second parties, that does not reveal avalue provided by the first party to the second party and vice-versa.45. The method according to claim 37 further comprising: adjusting thepayment to provide a windfall benefit to either the first party, whenthe first party is an initiator for the claim, or the second party whenthe second party is the initiator for the claim.
 46. The methodaccording to claim 37 further comprising: initiating an on-line transferof funds equal to the payment from whichever of the first or secondparty is a second entity for the claim to whichever of the first orsecond party is a claimant for the claim.
 47. The method according toclaim 37 further comprising: on-line generation of documents includingan identification of the claim, whichever of the first or second partyis a claimant for the claim and the payment.